I 

115TH CONGRESS 

2D SESSION H. R. 6040 

To authorize the Secretary of the Interior to convey certain land and facilities 

of the Central Valley Project. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2018 

Mr. DESAULNIER (for himself, Mr. MCNERNEY, and Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To authorize the Secretary of the Interior to convey certain 

land and facilities of the Central Valley Project. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Contra Costa Canal 

5 Transfer Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ACQUIRED LAND.—The term ‘‘acquired 

9 land’’ means land in Federal ownership and land 

10 over which the Federal Government holds an interest 


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1 for the purpose of the construction and operation of 

2 the Contra Costa Canal, including land under the ju3 risdiction of— 

4 (A) the Bureau of Reclamation; 

5 (B) the Western Area Power Administra6 tion; and 

7 (C) the Department of Defense in the case 

8 of the Clayton Canal diversion traversing the 

9 Concord Naval Weapons Station. 

10 (2) CONTRA COSTA CANAL.— 

11 (A) IN GENERAL.—The term ‘‘Contra 

12 Costa Canal’’ means the Contra Costa Canal 

13 Unit of the Central Valley Project, which exclu14 sively serves the Contra Costa Water District in 

15 an urban area of Contra Costa County, Cali16 fornia. 

17 (B) INCLUSIONS.—The term ‘‘Contra 

18 Costa Canal’’ includes pipelines, conduits, 

19 pumping plants, aqueducts, laterals, water stor20 age and regulatory facilities, electric sub21 stations, related works and improvements, and 

22 all interests in land associated with the Contra 

23 Costa Canal Unit of the Central Valley Project 

24 in existence on the date of enactment of this 

25 Act. 


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1 (C) EXCLUSION.—The term ‘‘Contra Costa 

2 Canal’’ does not include the Rock Slough fish 

3 screen facility. 

4 (3) CONTRACTS.—The term ‘‘contracts’’ means 

5 the existing water service contract between the Dis6 trict and the United States, Contract No. 175r– 

7 3401A–LTR1 (2005), Contract No. 14–06–200– 

8 6072A (1972, as amended), and any other contract 

9 or land permit involving the United States, the Dis10 trict, and Contra Costa Canal. 

11 (4) DISTRICT.—The term ‘‘District’’ means the 

12 Contra Costa Water District, a political subdivision 

13 of the State of California. 

14 (5) ROCK SLOUGH FISH SCREEN FACILITY.— 

15 (A) IN GENERAL.—The term ‘‘Rock 

16 Slough fish screen facility’’ means the fish 

17 screen facility at the Rock Slough intake to the 

18 Contra Costa Canal. 

19 (B) INCLUSIONS.—The term ‘‘Rock Slough 

20 fish screen facility’’ includes the screen struc21 ture, rake cleaning system, and accessory struc22 tures integral to the screen function of the 

23 Rock Slough fish screen facility, as required 

24 under the Central Valley Project Improvement 

25 Act (Public Law 102–575; 106 Stat. 4706). 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 SEC. 3. CONVEYANCE OF LAND AND FACILITIES. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of enactment of this Act, in consideration for the Dis6 trict assuming from the United States all liability for the 

7 administration, operation, maintenance, and replacement 

8 of the Contra Costa Canal, subject to valid existing rights 

9 and existing recreation agreements between the Bureau of 

10 Reclamation and the East Bay Regional Park District for 

11 Contra Loma Regional Park and other local agencies with12 in the Contra Costa Canal, the Secretary shall offer to 

13 convey and assign to the District— 

14 (1) all right, title, and interest of the United 

15 States in and to— 

16 (A) the Contra Costa Canal; and 

17 (B) the acquired land; and 

18 (2) all interests reserved and developed as of 

19 the date of enactment of this Act for the Contra 

20 Costa Canal in the acquired land, including existing 

21 recreation agreements between the Bureau of Rec22 lamation and the East Bay Regional Park District 

23 for Contra Loma Regional Park and other local 

24 agencies within the Contra Costa Canal. 

25 (b) ROCK SLOUGH FISH SCREEN FACILITY.— 


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1 (1) IN GENERAL.—On mutual agreement be2 tween the Secretary and the District regarding safe 

3 and reliable operations of the Rock Slough fish 

4 screen facility, the Secretary shall convey and assign 

5 to the District all right, title, and interest of the 

6 United States in and to the Rock Slough fish screen 

7 facility. 

8 (2) COOPERATION.—The Secretary is encour9 aged to work cooperatively with the District to ac10 complish the conveyance and assignment under 

11 paragraph (1). 

12 (c) PAYMENT OF COSTS.—The District shall pay to 

13 the Secretary any administrative and real estate transfer 

14 costs incurred by the Secretary in carrying out the convey15 ances and assignments under subsections (a) and (b), in16 cluding the cost of any boundary survey, title search, ca17 dastral survey, appraisal, and other real estate transaction 

18 required for the conveyances and assignments. 

19 (d) COMPLIANCE WITH ENVIRONMENTAL LAWS.— 

20 (1) IN GENERAL.—Before carrying out the con21 veyances and assignments under subsections (a) and 

22 (b), the Secretary shall comply with all applicable re23 quirements under— 

24 (A) the National Environmental Policy Act 

25 of 1969 (42 U.S.C. 4321 et seq.); 


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1 (B) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); and 

3 (C) any other law applicable to the Contra 

4 Costa Canal or the acquired land. 

5 (2) EFFECT.—Nothing in this Act modifies or 

6 alters any obligations under— 

7 (A) the National Environmental Policy Act 

8 of 1969 (42 U.S.C. 4321 et seq.); or 

9 (B) the Endangered Species Act of 1973 

10 (16 U.S.C. 1531 et seq.). 

11 SEC. 4. RELATIONSHIP TO EXISTING CENTRAL VALLEY 

12 PROJECT CONTRACTS. 

13 (a) IN GENERAL.—Nothing in this Act affects— 

14 (1) the application of the reclamation laws to 

15 water delivered to the District pursuant to any con16 tract with the Secretary; or 

17 (2) subject to subsection (b), the contracts. 

18 (b) AMENDMENTS TO CONTRACTS.—The Secretary 

19 and the District may modify the contracts as necessary 

20 to comply with this Act. 

21 (c) LIABILITY.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the United States shall not be liable for 

24 damages arising out of any act, omission, or occurVerDate Sep 11 2014 21:29 Jun 11, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6040.IH H6040

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1 rence relating to the Contra Costa Canal or the ac2 quired land. 

3 (2) EXCEPTION.—The United States shall con4 tinue to be liable for damages caused by acts of neg5 ligence committed by the United States or by any 

6 employee or agent of the United States before the 

7 date of the conveyance and assignment under section 

8 3(a), consistent with chapter 171 of title 28, United 

9 States Code (commonly known as the ‘‘Federal Tort 

10 Claims Act’’). 

11 (3) LIMITATION.—Nothing in this Act increases 

12 the liability of the United States beyond the liability 

13 provided under chapter 171 of title 28, United 

14 States Code. 

15 SEC. 5. REPORT. 

16 If the conveyance and assignment authorized by sec17 tion 3(a) is not completed by the date that is 1 year after 

18 the date of enactment of this Act, the Secretary shall sub19 mit to Congress a report that— 

20 (1) describes the status of the conveyance and 

21 assignment; 

22 (2) describes any obstacles to completing the 

23 conveyance and assignment; and 


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1 (3) specifies an anticipated date for completion 

2 of the conveyance and assignment. 

Æ 


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